Melissa Trinidad v. Ricahrd D'Ambra

Providence, Rhode Island, personal injury lawyer represented the Plaintiff on a negligence theory.<br>
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On October 30, 1996, Melissa Trinidad, not yet three years old, was diagnosed with a blood lead level of 45 µg/dL.<br>
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At the time, she lived in a dwelling owned by Defendant Richard D'Ambra (D'Ambra) located at 500 Branch Avenue in Providence, Rhode Island. (Compl. ¶ 4.) After an inspection, the Rhode Island Department of Health notified D'Ambra of the existence of lead paint exposure hazards in the dwelling in violation of the Lead Poisoning Prevention Act, the Rules and<br>
Regulations for Lead Poisoning Prevention, and the Housing Maintenance and Occupancy Code. <br>
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On July 21, 2014, Trinidad filed a Complaint against D'Ambra alleging injuries caused by the lead in the dwelling. (Docket.) She alleged that D'Ambra breached statutory and common law duties of care by, inter alia, allowing her to reside in a dwelling that contained hazardous amounts of lead. (Compl. ¶¶ 15, 20.) She hired several private investigators and a constable to track down and serve D'Ambra legal process, but he avoided service for years. (See Pl.'s Mem. in Supp. of Mot. for Alternative Method of Service of Process, Specifically 'Tack-on' Exs. A-E.) On February 27, 2019, this Court granted Trinidad's motion for alternative service allowing tack-on service, which was completed on May 3, 2019.[2] (Docket.) D'Ambra failed to answer, and on June 25, 2021, this Court granted Trinidad's motion for default judgment. Id. On June 19, 2024, D'Ambra died. (Pl.'s Mot. 2.) On December 20, 2024, Trinidad filed this motion for determination of money damages. <br>
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In support of her motion, Trinidad submitted a neuropsychological evaluation performed by a licensed clinical psychologist in October 2025, which concluded that the most likely etiology of her injuries was lead poisoning. (October 2025 Neuropsychological Evaluation by Stephanie J. Towns (Oct. 2025 Eval.) 3.) Trinidad reported a history of depression, anxiety, posttraumatic stress disorder, and panic attacks first diagnosed in her early twenties. Id. at 2. Trinidad works but has trouble understanding and performing more complex responsibilities. Id. The psychologist administered six tests and concluded that Trinidad demonstrated average overall intellectual abilities with impairments in verbal learning and memory, processing speed, and executive functioning. Id. at 3. During one memory task, Trinidad became tearful when asked to recall a list of words.<br>
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Trinidad wrote a letter dated November 29, 2022 describing her injuries. (Pl.'s Mot. Ex. 1.) She wrote, "[i]t often feels like I'm playing 'cat and mouse' with my mind." Id. at 2. While in school, Trinidad struggled with reading and verbal skills but did better with math. Id. at 1. Navigating between special education classes for reading and regular classes for math left her with "serious social issues." Id. She still struggles with her learning disability; her thoughts will vanish, she will try to collect them, "but there are plenty of times when [she] won't remember at all." Id. at 1-2. When Trinidad fails to remember, she feels defeated.<br>
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Trinidad also reports enduring physical injuries. Id. She experiences migraines, nose bleeds, involuntary movements, and joint, nerve, and muscle pains. Id. For as long as she can remember, she has suffered from migraines so severe that she vomits. Id. Sometimes, "[she] would have to lie in a dark room in silence to cope with the pain which was a struggle because sometimes [she] would experience sleep paralysis." Id. Her doctor prescribed medications for her migraines and depression, but they "did not seem to help." Id. She wrote, "I've prayed and hoped numerous times that I wouldn't get a migraine so that I could just get through the day."<br>
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On April 25, 2025, the Court heard argument on the motion from counsel for Trinidad. Counsel represented as follows:<br>
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"Of note, every phone call I have with Melissa over the last ten years is a phone call that always has to be followed up by a letter to the client, reiterating what we spoke about. Because her memory is so impaired, she truly will forget most of the contents of the conversation." (Hr'g Tr. 4:13-18, Apr. 25, 2025.) <br>
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Legal issue What amount of money will compensate the plaintiff for injuries sustained due to childhood lead poisoning?<br>
Headnote<br>
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TORT LAW. LEAD POISONING DAMAGE. The case addresses a default judgment in which the plaintiff, who suffered significant cognitive, emotional, and physical injuries due to childhood lead poisoning, sought determination of money damages for past, present, and future injuries caused by lead exposure.<br>
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PROCEDURAL LAW. ALTERNATIVE SERVICE. The court discusses the plaintiff's use of alternative service methods to serve a defendant who avoided process, including "tack-on" service, and the subsequent granting of a default judgment after the defendant failed to answer.<br>
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EVIDENCE LAW. NEUROPSYCHOLOGICAL EVALUATION. The court considers a neuropsychological evaluation as evidence to assess the damages owed to the plaintiff due to impairments caused by lead poisoning, evaluating the extent of cognitive and emotional injuries sustained.<br>
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Key Phrases Motion for determination of money damages. Childhood lead poisoning. Neuropsychological evaluation. Compensatory damages. Default judgment.

For the foregoing reasons, Trinidad's motion for determination of damages is GRANTED. She is awarded $448,000.